Sachin S/O. Damodhar Pawar And Others v. The State Of Maharashtra And ANR

1 CriWP 538/19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRITI PETITION NO. 538 OF 2019 Sachin S/o Damodhar Pawar, Age 32 years, Occ. Service, R/o village Sirsi, Tq. Umred, District Vardha Petitioners Damodhar S/o0 Mukundrao Pawar, Age 57 years, Occ. Service Shobha W/o Damodhar Pawar, Age 51 years, Occ. Chairman Petitioner Nos.2 & 3 resident of Flat No.1, Ashirwad Housing Society, Rameshwar Puram, Jatwada Road, Begumpura, Aurangabad Swati W/o Ganesh Shelke, Age 30 years, Occ. Service Ganesh S/o Sandu Shelke, Age 40 years, Occ. Service Petitioner Nos.4 & 5 resident of Sara Vaibhav, Jatwada Road, Aurangabad Pournima W/o Satish Zagre, Age 26 years, Occ. Service, R/o Flat No.802, Bldg.

No.A, B.A.

Vermont, Baif Road, Wagholi, Pune-412 207 V E R S U S The State of Maharashtra, through Begumpura Police Station, Aurangabad Respondents

2 CriWP 538/19 Rupali W/o Sachin Pawar, Age 32 years, Occ. Govt. Servant, R/o.C-22, Third Floor, Nath Nagar, Aurangabad Mr. Ajit M. Gholap, Advocate for the Petitioners Smt. D.S. Jape, A.P.P. for Respondent No.1/State Mr. Dinesh Manwatkar, Advocate for Respondent No.2 ...

CORAM : T.V. NALAWADE AND M.G. SEWLIKAR, JJ.

DATE : 7th January, 2020 ORAL JUDGMENT [PER: T.V. NALAWADE, J.] :

Rule. Rule is made returnable forthwith. With consent of learned counsel for both the sides, heard finally.

2.

This petition is filed for quashing of First Information Report bearing No. 0039 of 2019, under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal code registered with Begumpura Police Station, Aurangabad.

3.

During argument, learned counsels for the petitioners and informant submitted that the parties have settled the dispute. They have produced on record, copy of settlement terms, which is filed before the Family Court, Aurangabad. They submitted

3 CriWP 538/19 that the Family Court has verified the terms and conditions of the settlement. Accordingly, the compromise was recorded. In this application, there is mentioning that the wife will help the husband to get the relief in the present petition.

3.

In view of the circumstances and statements made by the learned counsel for both the sides, petition is allowed in terms of prayer clause "B". Rule is made absolute in above terms.

( M.G. SEWLIKAR, J. ) ( T.V. NALAWADE, J. ) SRM/7/1/20